IN THE CASE OF:	  
		BOARD DATE:	  23 April 2009

		DOCKET NUMBER:  AR20080019349 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of a second Combat Infantryman Badge and its addition to his WD AGO Form 53-55 (Honorable Discharge), dated 17 June 1946.  He also requests, in effect, award of the Bronze Star Medal and its addition to his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 28 November 1951.  

2.  The applicant states, in effect, that he should have been awarded a second Combat Infantryman Badge for his service in Korea.  He was originally assigned to Company A, 253rd Regiment, 63rd Infantry Division, and later assigned to the 63rd Reconnaissance Troop.  The 63rd Infantry Division used its reconnaissance troop as an adjunct infantry unit.  They were in foxholes in front of the Siegfried Line, performed flanking attacks with the 253rd Infantry Regiment, put into many holding positions in place of regular infantry units, and did reconnaissance duties just like the infantry and reconnaissance platoons of the 253rd, 254th, and 255th Infantryman Regiments.  At the time of his discharge, because of the organization title, he did not receive the Combat Infantryman Badge.  According to the computerized National Service Data, he is listed as a World War II Honoree with the Combat Infantryman Badge.

3.  The applicant also states, in effect, that he is requesting award of the Bronze Star Medal for his Korean War service.  The award of the Bronze Star Medal was made in 1952 after he was separated from active duty.  Based on the World War II Combat Infantryman Badge, the Korean Conflict, the Combat Infantryman 

Badge should have been a second award with a star and he never received one. He further states that he will need an accurate DD Form 214 when he dies.   

4.  In support of his applications, the applicant provides copies of his WD AGO Form 53-55, his DD Form 214, his honorable discharge certificate, citation for award of the Bronze Star Medal, a letter awarding him the Bronze Star Medal, a picture alleged to be of himself, and a World War II Honoree certificate. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, the reconstructed records contain sufficient documentation and evidence submitted by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  The applicant's available military records show that he enlisted in the Enlisted Reserve Corps (ERC) on 12 June 1943 and entered on active duty on 14 January 1944.  He completed training in military occupational specialty (MOS) 931, Heavy Truck Driver.  He served overseas in the European Theater of Operations (ETO) from 5 January 1945 to his return to the United States on 5 June 1946.  He served with the 63rd Cavalry Reconnaissance Troop.  

4.  The applicant was honorably discharged from active duty, as a private first class, on 17 June 1946, for the Convenience of the Government at Demobilization.  The WD AGO Form 53-55 also shows he served 1 year, 5 months, and 1 day of service in the ETO during two campaigns.  

5.  Entries on the applicant's WD AGO Form 53-55 do not show award of the Combat Infantryman Badge.  Item 31 (Military Qualification and Date) lists the following awards: the Expert Marksmanship Qualification Badge, with Rifle Bar (M1 Rifle).  Item 33 (Decorations and Citations) lists the following awards:  the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, and the World War II Victory Medal.  Item 55 (Remarks) lists the following awards:  the Lapel Button.  

6.  In Item 54 (Right Thumb Print), the applicant affixed his right thumb print and in Item 56 (Signature of Person Being Separated) the applicant entered his signature indicating the information recorded on the form was correct and complete, according to the best of his knowledge.

7.  There are no orders in the applicant's available service personnel records that show he was awarded the Combat Infantryman Badge during this period of service.  His available record contains a final payment worksheet that shows he was not receiving combat infantry pay during this period of service.

8.  The applicant was ordered to active duty from the inactive ERC and entered on active duty on 5 November 1950.  Item 5 (Specialty Number or Symbol), of the applicant’s DD Form 214 shows he held the MOS 2442, Entertainment Specialist.  Item 28 (Most Significant Duty Assignment) shows he was assigned to Headquarters and Headquarters (H&H) Company, 5th Infantry Regiment.

9.  The applicant was released from active duty, as a sergeant (temporary), on 28 November 1951, prior to the expiration of his term of service.  He was transferred to the ERC.  

10.  Entries on the applicant’s DD Form 214, Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) list the following awards:  the Combat Infantryman Badge and the Korean Service Medal, with three bronze service stars.  The Bronze Star Medal is not listed.  The applicant placed his signature in Item 48 for the individual being separated to indicate that the information recorded on the form was correct and complete to the best of his knowledge.

11.  The applicant submits a copy of a citation for award of the Bronze Star Medal.  The citation stated that the applicant, as a member of H&H Company, 5th Regimental Combat Team, 24th Infantry Division, distinguished himself by meritorious service in Korea during the period 16 March through 15 October 1951.  He performed his duties as the Unit Historian and Projectionist in an exemplary manner through that phase of operations.

12.  The applicant also submits a copy of a letter from Headquarters Pennsylvania Military District, dated 1 July 1952.  The letter advised him that he was being awarded the Bronze Star Medal by direction of the President.  The letter further advised that he could personally be presented with the medal in Pittsburgh, Pennsylvania, or he could make other arrangements for its presentation.

13.  The applicant further submits a copy of a picture alleged to be of himself, in which he stated that the picture was of him taken during an award ceremony for the Bronze Star Medal.  He also submits a World War II Honoree certificate that stated in effect, he served in the ETO and his awards included the Combat Infantryman Badge.

14.  Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal.  In Pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

15.  Army Regulation 600-8-22 also provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995; and 11 September 2001 and a date to be determined.

16.  Army Regulation 600-8-22 also states in pertinent part, that the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

17.  Army Regulation 600-8-22 further authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

18.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows the applicant's unit, the 63rd Cavalry Reconnaissance Troop, was awarded the Army of Occupation Medal, with Germany Clasp, for the period from 20 May through 4 September 1945.
19.  Department of the Army Pamphlet 672-1 also shows the applicant's unit, the 5th Infantry Regiment, was cited for award of the Republic of Korea Presidential Unit Citation, for service from 31 July 1950 to 27 July 1953, by Department of the Army General Orders Number 49, dated 1954.  

20.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award.  The Military Awards Branch of the U.S. Army Human Resources Command, has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:  a.  Light machine gunner (604), b.  Heavy machine gunner (605), c.  Platoon sergeant (651), d.  Squad leader (653), e.  Rifleman (745), f.  Automatic rifleman (746), g.  Heavy weapons NCO (812), and h.  Gun crewman (864).  

21.  All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.  The evidence of record confirms he was awarded the Bronze Star Medal for meritorious service in Korea from 16 March through 15 October 1951.  However, this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his records to add this award to his DD Form 214.

2.  The evidence of record also shows that the applicant completed a qualifying period of service for award of the United Nations Service Medal and the National Defense Service Medal.  Therefore, he is also entitled to award of the United Nations Service Medal and the National Defense Service Medal and their addition to his DD Form 214.

3.  General Orders entitled the applicant’s unit to award of the Army of Occupation Medal, with Germany Clasp.  He is therefore entitled to this unit award and to have it added to his WD AGO Form 53-55 dated 17June 1946.

4.  General Orders entitled the applicant’s unit to award of the Republic of Korea Presidential Unit Citation.  He is therefore entitled to this unit award and to have it added to his DD Form 214 dated 28 November 1951.

5.  The evidence further shows that based on the applicant's service in Korea he is entitled to award of the Republic of Korea War Service Medal.  He is therefore further entitled to have this award shown on his DD Form 214.

6.  The evidence also confirms the applicant served in the ETO for three campaigns and is entitled to three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

7.  In view of the circumstances in this case, the applicant is not entitled to award of a second Combat Infantryman Badge and to have this award added to his WD AGO Form 53-55.  The applicant has not shown error, injustice, or inequity for the relief he now requests.

8.  Pertinent regulations show that the Combat Infantryman Badge was awarded to enlisted individuals serving in infantry positions and were awarded combat infantry pay.  Available service records give no indication that the applicant ever served in an infantry position and received combat infantry pay.  It is noted that just because a Soldier served in an infantry regiment unit during World War II, this was insufficient to entitle them to award of the Combat Infantryman Badge.  It is also noted that during World War II the Combat Infantryman Badge was authorized to those who were cited on orders for the award.

9.  The available evidence of record shows the applicant was awarded MOS 931 and had a duty MOS of a heavy truck driver.  The evidence failed to show he was awarded the military occupational specialty 745 or any or any light or heavy weapons military occupational specialty or served in that military occupational specialty during that period of active duty service.  The applicant's records also do not show he received any awards for valor or achievement that would give an indication he was personally involved in ground combat against the enemy during his period of service from 14 January 1944 to 17 June 1946.
10.  All Soldiers were provided basic combat skills training after they entered the Army.  This was provided to ensure that all Soldiers had the survival skills to perform basic infantry missions when the need arose.  Therefore, the exigencies of combat required non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers were taught; however, it is not a basis for the award of the Combat Infantryman Badge.

11.  The applicant’s WD AGO Form 53-55 shows he authenticated the WD AGO Form 53-55 in his own hand and affixed his right thumb print in the appropriate space on the form on the date of his separation from the Army attesting that the information recorded on the form was, to the best of his knowledge, accurate and complete.

12.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding to item 27 of the applicant's DD Form 214 the Bronze Star Medal, the United Nations Service Medal, the National Defense Service Medal, the Republic of Korea Presidential Unit Citation, and the  Republic of Korea War Service Medal;

	    b.  adding to the applicant's WD AGO Form 53-55 the Army of Occupation Medal, with Germany Clasp and three bronze service stars to the already-awarded European-African-Middle Eastern Campaign Medal; and 

	c.  providing the applicant the corrected separation documents that show these awards.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a second award of the Combat Infantryman Badge to the applicant and its addition to his WD AGO Form 53-55.




      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080019349



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ABCMR Record of Proceedings (cont)                                         AR20080019349


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